State of Telecommunications Policy in the US Today

In yet another bruising blow in the fight to ensure equitable access to high-speed Internet service, an appeals court struck down federal rules this week that aimed to combat digital redlining. Though the FCC had not exercised its anti-digital discrimination authority in a single instance, the US Court of Appeals for the 8th Circuit ruled that the FCC had exceeded its authority by even having a rule that threatened to impose liability on ISPs for “disparate impact,” instead of relying on instances of “disparate treatment.”

Congressmembers Rob Menendez, Doris Matsui (CA-07), Nanette Barragán (CA-44), and Troy Carter, Sr. (LA-02) have introduced new legislation that would compel the Federal Communications Commission (FCC) to re-establish the Communications Equity and Diversity Council. The Council had operated in some capacity since 2003 under multiple partisan administrations to make the communications sector more equitable and reduce digital discrimination, until FCC Chair Brendan Carr arbitrarily disbanded it in January 2025.

The Illinois Legislature has taken several major legal steps to not only improve broadband affordability in The Prairie State, but empower local cooperatives to expand affordable, reliable fiber access to state residents. Illinois State Sen. Rachel Ventura (D-Joliet) recently introduced Senate Bill 3612, which would amend the state’s Utilities Act to require that large private telecoms in the state provide affordable, fast broadband access to low-income state residents.

Pennsylvania’s Claverack Rural Electric Cooperative (REC) says it’s making steady inroads in expanding affordable fiber access throughout rural Bradford and Wyoming Counties. The cooperative recently passed a notable milestone: the cooperative just wrapped up a project that delivered 100 miles of new fiber-optic cable to pass roughly 1,300 previously-unserved and underserved homes and businesses in rural Bradford and Wyoming counties for the first time ever.

When Congress passed the Telecommunications Act of 1996, it sought to modernize regulatory structures for the digital age. Three decades later, architects of the ‘96 Act say it achieved many of those goals, but numerous legal challenges reshaped how key provisions were implemented.

In late 2024 the Biden FCC implemented a new rule requiring that broadband providers include a “nutrition label for broadband", but a lack of enforcement made their impact lukewarm, and now the new FCC is looking to water down their effectiveness even more.